Iv genus and species theory when a claim covers

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(iv) Genus and Species theory-- When a claim covers several compositions, the claim is 'anticiapated' if one of them is in the prior art. That is, a prior art reference that discloses a species anticipates a later claim to a genus that includes that species. (The drafting solution to this problem involves changing the difintion of the genus). Titanium Metals, p. 177.Prior art (Species, sock) ----> Claim (Genus, clothing) = anticipation, no patent.But if, Prior art (Genus) -----> Claim (Improved Species) = novel, but maybe obvious unlessthere are unique and unexpected qualities of this species/claim. (p.181)(v) Obviousness distinguished:(a) obviousness is when the general aspects of the work are the same as the prior art and the differences are only in minor matters that would suggest themselves to one with ordinary skill in the art.(b) in contrast to anticipation where you compare the claimed invention to a single prior art reference, obviousness is where all the prior art discloses the claimed invention.(vi) Connection with infringement: That which would literally infringe if later in time anticipates if earlier than the date of invention.(p.176) .9
(vii) "New Use" patents-- Often, in pharamaceuticals, can obtain a process patent for "the process of using [X] to treat disease Y." p.182.Companies often make slight changes to prior art pharamceuticals, and if the new combination or compound has unpredictable qualities, it is held nonobvious. EliLillyp. 184.b. Known or Usedi.Rule: "known or used" means prior public knowledge, that is knowledge that isreasonalby accessible to the public. National Tractor v. Watkins, p.204.ii.That which is alleged to be prior art must have its prior art existence and relevancy established by clear and convincing evidence.iii.Lost arts that have been reinvented may be entitled to patent protection even though at one time known and used. Gayler(1850, p.206).iv.Nonsecret useof a claimed process in the usual course of producing articles for commercial purposes is a public use. W.L.Gorep.211.v.Abandoned experiments-- Imperfect and never perfected experiments will not serve either as anticipation or as part of the prior art. (a)But, the mere fact that the prior art was an experiment does not prevent its becoming an anticipation or a part of the prior art, provided it was perfected and thereafter became publicly known. (L.Hand in Picard v. United Aircraft, p. 211).(b) Commercial sales are not necessary for a completed experiment to constitute a"public use".c. In this CountryRule -- Reduction to practice in a foreign country can neveroperate to destroy a patent, however widely known such reduction to practice may be, either among foreigners or among persons living here, unlessthe invention be patented or described in a printed publication. Westinghouse,, p.212.3. Statutory Bars 102(b) -- Actions by inventor or others[1] No patent if, more than one year prior to application, invention[A] patented or[B] described in a printed publication[C] anywhere, or [2] invention --[A] in public use or[B] on sale[C] in this countrya. Policy10
(i)

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